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This is not a defence as such but is relevant in deciding whether the D had the
necessary mens rea. If due to the D's intoxicated state he does not have the mens rea, he
may not be guilty.
It covers intoxication by substances like alcohol or drugs.…

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Intoxicated Mistake.
If the defendant is mistaken about a key fact due to his intoxicated mistake then it
depends on the mistake made as to whether the D can rely on the defence or not.
If the mistake means the D does not have the necessary mens rea then…

Page 3

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× Involuntary Intoxication: It appears unfair that even when the D's inhibitions are broken down due to
involuntary intoxication they can still be liable if they form's the necessary mens rea. This occurred in
Kingston (1994) and ignores the fact that the defendant was not to blame for the…


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